Electronic Evidence 2.

By evidence that other appropriate security procedures or devices

-the rules on evidence shall apply to cases pending after their effectivity. as may be authorized by the Supreme court or by law for
-these rules shall apply to all civil actions and proceedings, as well as quasi- authentication of electronic documents were applied to the
judicial and administrative cases. document
ELECTRONIC DOCUMENT= refers to information or the representation of 3. By other evidence showing its integrity and reliability to the
information, data, figures or other modes of written expression, described or satisfaction of the judge.
however represented, by which a right is established or an obligation PROOF OF ELECTRONICALLY NOTARIZED DOCUMENT
extinguished, or by which a fact may be proved and affirmed, which is A document electronically notarized in accordance with the rules
received, recorded, transmitted, stored, processed, retrieved or produced promulgated by the SC shall be considered as a public document and proved
electronically. It includes digitally signed documents and any print-out or as a notarial document under the Rules of Court.
output, readable by sight or other means, which accurately reflects the ELECTRONIC SIGNATURES
electronic data message or electronic document. For purposes of these rules, An electronic signature or a digital signature authenticate in the manner
the electronic document may be used interchangeably with electronic data prescribed here is admissible in evidence as the functional equivalent of the
message. signature of a person on a written document.
ELECTRONIC SIGNATURE= refers to any distinctive mark, characteristics and AUTHENTICATION OF E-SIGNATURES
or sound in electronic form. Representing the identity of a person and a. By evidence that a method or process was utilized to establish a
attached to or logically associated with the electronic data message or signature and verity the same.
electronic document or any methodology or procedure employed or adopted b. By any other means provided by law or
by a person and executed or adopted by such person with the intention of c. By any other means satisfactory to the judge as establishing
authenticating, signing or approving an electronic data message or electronic genuiness of the electronic signature.
document. For purposes of these Rules, an electronic signature includes DISPUTABLE PRESUMPTIONS RELATING TO DIGITAL SIGNATURES
digital signatures. Upon authentication of a digital signature, it shall be presumed in
DIGITAL SIGNATURE= refers to an electronic signature consisting of a addition to the preceding that:
transformation of an electronic document or an electronic data message a. the information contained in a certificate is correct
using an asymmetric or public cryptosystem sych that a person having the b. the digital signature was created during the operational period of
intial untrnsformes electronic document and the signers public key can a certificate
accurately determine: c. the message associated with a digital signature has not been
i. Whether the transformation was created using the private altered from the time it was signed and
key that corresponds to the signers public key, and d. a certificate had been issued by the certification authority
ii. Whether the initial electronic document had been altered indicated therein
after the transformation was made.
ELECTRONIC DOCUMENTS BUSINESS RECORDS AS EXCEPTION TO THE HEARSAY RULE
ADMISSIBILITY- an electronic document is admissible in evidence if it Inapplicability of the hearsay rule- A memorandum, report record or data
complies with the rules on admissibility prescribed by the Rules of Court and compilation of acts, events, condition, opinions or diagnoses, made by
related laws and is authenticated in the manner prescribed by the Rules electronic, optical, or other similar means at or near the time of or from
PRIVILEGED COMMUNICATION-the confidential character of a privileged transmission or supply of information by a person with knowledge thereof,
communications is not solely on the ground that it is in the form of an and kept in the regular course of business activity, such was the regular
electronic document. practice to make the memorandum, report, record or data compilation by
BEST EVIDENCE RULE electronic, optical or similar means all of which are shown by the testimony
An electronic document shall be regarded as the equivalent of an original of the custodian or other qualified witnesses, is excepted from the rule or
document under the Best evidence Rule if it is a printout or output readable hearsay evidence.
by sight or other means, shown to reflect the data accurately. Overcoming the presumption
Copy as equivalent of the originals- When a document is in two or more The presumption may be overcome by evidence of the untrustworthiness of
copies executed at or about the same time with identical contents, or is a the source of information or the method or circumstances of the preparation,
counterpart produced by the same impression as the original, or from the transmission or storage thereof.
same matrix, or by mechanical or electronic re-recording, or by chemical
reproduction, or by other equivalent techniques which is accurately AUDIO, PHOTOGRAPHIC, VIDEO AND EPHEMERAL EVIDENCE
reproduces the original, such copies or duplicates shall be regarded as the Audio, video and similar evidence- Audio, photographic, and video evidence
equivalent of the original. of events, acts, or transaction shall be admissible provided it shall be shown,
Notwithstanding the foregoing, copies or duplicates shall not be admissible presented or displayed to the court and shall be identified, explained or
to the same extent as the original if: authenticated by the person who made the recording or by some other
i. A genuine question is raised as to the authenticity of the person competent to testify on the accuracy thereof.
original or Ephemeral electronic communication- Ephemeral electronic communication
ii. In the circumstances it would be unjust or inequitable to shall be proven by the testimony of a person who was a party to the same or
admit a copy in lieu of the original has personal knowledge thereof. In the absence or unavailability of such
Burden of proving authenticity- the burden of proving its authenticity is given witnesses, other competent evidence may be admitted.
to the person seeking to introduce an electronic document in any legal A recording of the telephone conversation or ephemeral electronic
proceeding. communication shall be covered by the immediately preceding section.
MANNER OF AUTHENTICATION: If the foregoing communication are recorded or embodied in an electronic
Before any private electronic document offered as authentic is received in document, then Rule 5 shall apply.
evidence, its authenticity must be proved by the ff: INTERPRETATION OF DOCUMENTS
1. By evidence that it had been digitally signed by the person Sec.10 rule 130
purported to have signed the same
Interpretation of a writing according to its legal meaning- The language of a 4. one or more support persons of the child; and
writing is to be interpreted according to the legal meaning it bears in the 5. the defendant, unless the court determines that competence can
place of its execution, unless the parties intended otherwise. be fully evaluated in his absence.
Sec.11 Instrument construed so as to give effect to all provisions- in the Sec. 8 Examination of a child witness- The examination of a child witness
construction of an instrument where there are several provisions or presented in a hearing or any proceeding shall be done in open court. Unless
particulars, such a construction is, if possible, to be adopted as will give effect the witness is incapacitated to speak, or the question calls for a different
to all. mode of answer, the answers of the witness shall be given orally.
Sec.12 Interpretation according to intention; general and particular The party who presents a child witness or the guardian ad litem of such child
provisions- in the construction of an instrument, the intention of the parties witness may, however, move the court to allow him to testify in the manner
is to be pursued; and when a general and particular provision are provided in this Rule.
inconsistent, the latter is paramount to the former. Sec.20 Leading Questions- The court may allow leading questions in all stages
So a particular intent will control a general one that is inconsistent with it. of examination of a child if the same will further the interests of justice.
Sec. 13 Interpretation according to circumstances- For the proper Sec.21 Objections to questions- Objections to questions should be couched in
construction of an instrument, the circumstances under which it was made, a manner so as not to mislead, confuse, frighten, or intimidate the child.
including the situation of the subject thereof and of the parties to it, may be Sec. 25 Live-link television testimony in criminal cases where the child is a
shown, so that the judge may be placed in the position of those whose victim or a witness-
language he is to interpret. a. the prosecutor, counsel, or the guardian ad litem may apply for an
Sec.14 Peculiar signification of terms-The terms of a writing are presumed to order that the testimony of the child be taken in a room outside
have been used in their primary and general acceptation, but evidence is the courtroom and be televised to the courtroom by live-link
admissible to show that they have a local, technical, or otherwise peculiar television.
signification, and were so used and understood in the particular instance, in Before the guardian ad litem applies for an order under this
which case the agreement must be construed accordingly. section, he shall consult the prosecutor or counsel and shall defer
Sec. 15 Written words control printed- when an instruments consists partly of to the judgment of the prosecutor or counsel regarding the
a written words and partly of a printed form, and the two are inconsistent, necessity of applying for an order. In case the guardian ad litem is
the former controls the latter. convinced that the decision of the prosecutor or counsel not to
Sec. 16 Experts and interpreters to be used in explaining certain writings- apply will cause the child serious emotional trauma, he himself
When the characters in which an instrument is written are difficult to be may apply for the order.
deciphered, or the language is not understood by the court, the evidence of The person seeking such an order shall apply at least five days
persons skilled in deciphering the characters, or who understand the before the trial date, unless the court finds o the record that the
language, is admissible to declare the characters or the meaning of the need for such an order was not reasonably foreseeable.
language. b. The court may motu proprio hear and determine, with notice to
Sec. 17 Of two constructions, which preferred- when the terms of an the parties, the need for taking the testimony of the child through
agreement have been intended in a different sense by the different parties in live-link television.
which he supposed the other understood it, and when different constructions c. The judge may question the child in chambers or in some
of a provision are otherwise equally proper, that is to be taken which is the comfortable place other than the courtroom in the presence of
most favourable to the party in whose favour the provision was made. the support person, guardian ad litem, prosecutor and counsel for
Sec.18 Construction in favour of natural right- when an instrument is equally the parties, the questions of the judge shall not be related to the
susceptible of two interpretations, one in favour of natural right and the issues at trial but to the feelings of the child about testifying in the
other against it the former is to be adopted. courtroom.
Sec. 19 interpretation according to usage- an instrument may be construed d. The judge may exclude any person, including the accused, whose
according to usage, in order to determine its true character. presence or conduct causes fear to the child.
Rule on Examination of a Child Witness e. The court shall issue an order granting or denying the use of live-
Sec. 1- Applicability of the Rule- Unless otherwise provided, this Rule shall link television and stating the reasons therefor. It shall consider
govern the examination of child witnesses who are victims of crime, accused the following factors:
of a crime, and witnesses to crime. It shall apply in all criminal proceedings 1. The age and level of devolpment of the child
and non-criminal proceedings involving child witnesses. 2. His physical and mental health, including any mental
Child Witness- is any person who at the time of giving testimony is below or physical disability;
the age of [Link] a child abuse cases, a child includes one over 18 years but is 3. Any physical, emotional, or psychological injury
found by the court as unable to fully take care of himself or protect himself experienced by him
from abuse, neglect cruelty, exploitation, or discrimination because of a 4. The nature of the alleged abuse
physical or mental disability or condition. 5. Any threats against the child
Child Abuse- means physical, psychological or sexual abuse and criminal 6. His relationship with the accused or adverse party
neglect as defined in RA 7160. 7. His reaction to any prior encounters with the accused
Sec. 6 Competency- Every child is presumed qualified to be a witness. un court or elsewhere.
However, the court shall conduct a competency examination of a child, motu f. The court may order that the testimony of the child be taken by
proprio or on motion of a party, when it finds that substantial doubt exists live-link television if there is a substantial likelihood that the child
regarding the ability of the child to perceive, remember, communicate, would suffer trauma from testifying in the presence of the
distinguish truth from falsehood, or appreciate the duty to tell the truth in accused, his counsel or the prosecutor as the case may be. The
court. trauma must be of a kind which would impair the completeness or
Persons allowed at competency examination.-only the following are allowed truthfulness of the testimony of the child.
to attend a competency examination: g. If the court orders the taking of testimony by live-link television
1. the judge and necessary court personnel 1. The child shall testify in a room separate from the courtroom
2. the counsel for the parties in the presence of the guaradian ad litem; one or both of his
3. the guardian ad litem support persons, the facilitator and interpreter, if any; a
 court officer appointed by the court, persons necessary to (g) The court may set other conditions on the taking of the deposition that it
operate the closed circuit television equipment, and other finds just and appropriate, taking into consideration the best interests of the
persons whose presence are determined by the court to be child, the constitutional rights of the accused, and other relevant factors.
necessary to the welfare and well-being of the child.
2. The judge prosecutors accused and counsel for the parties (h) The videotaped deposition and stenographic notes shall be subject to a
shall be in the courtroom. The testimony of the child shall be protective order as provided in section 31(b).
transmitted by live-link tv into the courtroom for viewing
and hearing by the judge, prosecutor, counsel for the parties, (i) If, at the time of trial, the court finds that the child is unable to testify for a
accused, victim and the public unless excluded. reason stated in section 25(f) of this Rule, or is unavailable for any reason
described in section 4(c), Rule 23 of the 1997 Rules of Civil Procedure, the
3. If it is necessary for the child to identify the accused at trial,
court may admit into evidence the videotaped deposition of the child in lieu
the court may allow the child to enter the courtroom for the of his testimony at the trial. The court shall issue an order stating the reasons
limited purpose of identifying the accused, or the court may therefor.
allow the child to identify the accused by observing the
image of the latter on a tv monitor. (j) After the original videotaping but before or during trial, any party may file
4. The court may set other conditions and limitations on the any motion for additional videotaping on the ground of newly discovered
taking of the testimony that it finds just and appropriate, evidence. The court may order an additional videotaped deposition to
taking into consideration the best interests of the child. receive the newly discovered evidence.
h. The testimony of the child shall be preserved on videotape, digital
disc, or other similar devices which shall be made part of the court Section 28. Hearsay exception in child abuse cases. - A statement made by a
record and shall be subject to a protective order as provided in child describing any act or attempted act of child abuse, not otherwise
sec. 13 admissible under the hearsay rule, may be admitted in evidence in any
Sec. 27-Videotaped deposition criminal or non-criminal proceeding subject to the following rules:
a. The prosecutor, counsel or guardian ad litem may apply for an
order that a deposition be taken of the testimony of the child and (a) Before such hearsay statement may be admitted, its proponent
that it be recorded and preserved on videotape. Before the shall make known to the adverse party the intention to offer such
statement and its particulars to provide him a fair opportunity to
guardian ad litem applies for an order under this section, he shall
object. If the child is available, the court shall, upon motion of the
consult with the prosecutor or counsel subject to the second and adverse party, require the child to be present at the presentation
third par. Of sec. 25 of the hearsay statement for cross-examination by the adverse
b. If the court finds that the child will not be able to testify in open party. When the child is unavailable, the fact of such circumstance
court or trial it shall issue an order that the deposition of the child must be proved by the proponent.
be taken and preserved by videotape
(b) In ruling on the admissibility of such hearsay statement, the
court shall consider the time, content and circumstances thereof
c) The judge shall preside at the videotaped deposition of a child. Objections
which provide sufficient indicia of reliability. It shall consider the
to deposition testimony or evidence, or parts thereof, and the grounds for
following factors:
the objection shall be stated and shall be ruled upon at the time of the taking
(1) Whether there is a motive to lie;
of the deposition. The other persons who may be permitted to be present at
(2) The general character of the declarant child;
the proceeding are:
(3) Whether more than one person heard the
(1) The prosecutor;
statement;
(2) The defense counsel;
(4) Whether the statement was spontaneous;
(3) The guardian ad litem;
(5) The timing of the statement and the relationship
(4) The accused, subject to sub-section (e);
between the declarant child and witness;
(5) Other persons whose presence is determined by the court to
(6) Cross-examination could not show the lack of
be necessary to the welfare and well-being of the child;
knowledge of the declarant child;
(6) One or both of his support persons, the facilitator and
(7) The possibility of faulty recollection of the declarant
interpreter, if any;
child is remote; and
(7) The court stenographer; and
(8) The circumstances surrounding the statement are
(8) Persons necessary to operate the videotape equipment.
such that there is no reason to suppose the declarant
child misrepresented the involvement of the accused.
(d) The rights of the accused during trial, especially the right to counsel and
to confront and cross-examine the child, shall not be violated during the
(c) The child witness shall be considered unavailable under the
deposition.
following situations:

(e) If the order of the court is based on evidence that the child is unable to
(1) Is deceased, suffers from physical infirmity, lack of
testify in the physical presence of the accused, the court may direct the latter
memory, mental illness, or will be exposed to severe
to be excluded from the room in which the deposition is conducted. In case
psychological injury; or
of exclusion of the accused, the court shall order that the testimony of the
child be taken by live-link television in accordance with section 25 of this
Rule. If the accused is excluded from the deposition, it is not necessary that (2) Is absent from the hearing and the proponent of his
the child be able to view an image of the accused. statement has been unable to procure his attendance
by process or other reasonable means.
(f) The videotaped deposition shall be preserved and stenographically
recorded. The videotape and the stenographic notes shall be transmitted to (d) When the child witness is unavailable, his hearsay testimony
the clerk of the court where the case is pending for safekeeping and shall be shall be admitted only if corroborated by other admissible
made a part of the record. evidence.

Section 30. Sexual abuse shield rule. -

 (a) Inadmissible evidence. - The following evidence is not a. The chair of custody, including how the biological samples were
admissible in any criminal proceeding involving alleged child collected, how they were handled, and the possibility of
sexual abuse: contamination of the samples;
(1) Evidence offered to prove that the alleged victim b. The DNA testing methodology, including the procedure followed
engaged in other sexual behavior; and in analyzing the samples, the advantages and disadvantages of the
(2) Evidence offered to prove the sexual predisposition procedure, and compliance with the scientifically valid standards
of the alleged victim. in conducting the tests;

c. The forensic DNA laboratory, including accreditation by any

(b) Exception. - Evidence of specific instances of sexual behavior
reputable standards-setting institution and the qualification of the
by the alleged victim to prove that a person other than the
analyst who conducted the tests. If the laboratory is not
accused was the source of semen, injury, or other physical
accredited, the relevant experience of the laboratory in forensic
evidence shall be admissible.
casework and credibility shall be properly established; and

A party intending to offer such evidence must: d. The reliability of the testing result, as hereinafter provided.

(1) File a written motion at least fifteen (15) days before trial, The provisions of the Rules of Court concerning the appreciation of evidence
specifically describing the evidence and stating the purpose for shall apply suppletorily.
which it is offered, unless the court, for good cause, requires a
different time for filing or permits filing during trial; and
Sec. 10. Post-conviction DNA Testing Remedy if the Results Are Favorable
to the Convict. The convict or the prosecution may file a petition for a writ
(2) Serve the motion on all parties and the guardian ad litem at of habeas corpus in the court of origin if the results of the post-conviction
least three (3) days before the hearing of the motion. DNA testing are favorable to the convict. In the case the court, after due
hearing finds the petition to be meritorious, if shall reverse or modify the
Before admitting such evidence, the court must conduct a hearing in judgment of conviction and order the release of the convict, unless continued
chambers and afford the child, his guardian ad litem, the parties, and their detention is justified for a lawful cause.
counsel a right to attend and be heard. The motion and the record of the
hearing must be sealed and remain under seal and protected by a protective A similar petition may be filed either in the Court of Appeals or the Supreme
order set forth in section 31(b). The child shall not be required to testify at Court, or with any member of said courts, which may conduct a hearing
the hearing in chambers except with his consent. thereon or remand the petition to the court of origin and issue the
appropriate orders.
___________________
Sec. 12. Preservation of DNA Evidence. The trial court shall preserve the DNA
RULE ON DNA EVIDENCE evidence in its totality, including all biological samples, DNA profiles and
results or other genetic information obtained from DNA testing. For this
purpose, the court may order the appropriate government agency to
SECTION 1. Scope. This Rule shall apply whenever DNA evidence, as defined preserve the DNA evidence as follows:
in Section 3 hereof, is offered, used, or proposed to be offered or used as
evidence in all criminal and civil actions as well as special proceedings.
DNA means deoxyribonucleic acid, which is the chain of molecules found a. In criminal cases:
in every nucleated cell of the body. The totality of an individuals DNA is
unique for the individual, except identical twins; i. for not less than the period of time that any
DNA evidence constitutes the totality of the DNA profiles, results and person is under trial for an offense; or
other genetic information directly generated from DNA testing of biological
samples; ii. in case the accused is serving sentence,
DNA profile means genetic information derived from DNA testing of a until such time as the accused has served
biological sample obtained from a person, which biological sample is clearly his sentence;
identifiable as originating from that person;

a. In all other cases, until such time as the decision in the case where
DNA testing means verified and credible scientific methods which the DNA evidence was introduced has become final and
include the extraction of DNA from biological samples, the generation of DNA executory.
profiles and the comparison of the information obtained from the DNA
testing of biological samples for the purpose of determining, with reasonable
certainty, whether or not the DNA obtained from two or more distinct The court may allow the physical destruction of a biological sample before
biological samples originates from the same person (direct identification) or if the expiration of the periods set forth above, provided that:
the biological samples originate from related persons (kinship analysis)
a. A court order to that effect has been secured; or
Sec. 6. Post-conviction DNA Testing. Post-conviction DNA testing may be b. The person from whom the DNA sample was obtained has
available, without need of prior court order, to the prosecution or any person consented in writing to the disposal of the DNA evidence.
convicted by final and executory judgment provided that (a) a biological
sample exists, (b) such sample is relevant to the case, and (c) the testing ________
would probably result in the reversal or modification of the judgment of
conviction.
REPUBLIC ACT NO. 9165 June 7, 2002
Sec. 7. Assessment of probative value of DNA evidence. In assessing the
probative value of the DNA evidence presented, the court shall consider the
following: ection 21. Custody and Disposition of Confiscated, Seized, and/or
Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs,
Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment. The
PDEA shall take charge and have custody of all dangerous drugs, having jurisdiction over the case. In all instances, the
plant sources of dangerous drugs, controlled precursors and representative sample/s shall be kept to a minimum
essential chemicals, as well as instruments/paraphernalia and/or quantity as determined by the Board;
laboratory equipment so confiscated, seized and/or surrendered, for
proper disposition in the following manner: (6) The alleged offender or his/her representative or
counsel shall be allowed to personally observe all of the
(1) The apprehending team having initial custody and above proceedings and his/her presence shall not
control of the drugs shall, immediately after seizure and constitute an admission of guilt. In case the said offender
confiscation, physically inventory and photograph the or accused refuses or fails to appoint a representative after
same in the presence of the accused or the person/s from due notice in writing to the accused or his/her counsel
whom such items were confiscated and/or seized, or within seventy-two (72) hours before the actual burning or
his/her representative or counsel, a representative from destruction of the evidence in question, the Secretary of
the media and the Department of Justice (DOJ), and any Justice shall appoint a member of the public attorney's
elected public official who shall be required to sign the office to represent the former;
copies of the inventory and be given a copy thereof;
(7) After the promulgation and judgment in the criminal
(2) Within twenty-four (24) hours upon case wherein the representative sample/s was presented
confiscation/seizure of dangerous drugs, plant sources of as evidence in court, the trial prosecutor shall inform the
dangerous drugs, controlled precursors and essential Board of the final termination of the case and, in turn, shall
chemicals, as well as instruments/paraphernalia and/or request the court for leave to turn over the said
laboratory equipment, the same shall be submitted to the representative sample/s to the PDEA for proper disposition
PDEA Forensic Laboratory for a qualitative and quantitative and destruction within twenty-four (24) hours from receipt
examination; of the same; and

(3) A certification of the forensic laboratory examination (8) Transitory Provision: a) Within twenty-four (24) hours
results, which shall be done under oath by the forensic from the effectivity of this Act, dangerous drugs defined
laboratory examiner, shall be issued within twenty-four herein which are presently in possession of law
(24) hours after the receipt of the subject item/s: Provided, enforcement agencies shall, with leave of court, be burned
That when the volume of the dangerous drugs, plant or destroyed, in the presence of representatives of the
sources of dangerous drugs, and controlled precursors and Court, DOJ, Department of Health (DOH) and the
essential chemicals does not allow the completion of accused/and or his/her counsel, and, b) Pending the
testing within the time frame, a partial laboratory organization of the PDEA, the custody, disposition, and
examination report shall be provisionally issued stating burning or destruction of seized/surrendered dangerous
therein the quantities of dangerous drugs still to be drugs provided under this Section shall be implemented by
examined by the forensic laboratory: Provided, however, the DOH.
That a final certification shall be issued on the completed
forensic laboratory examination on the same within the
next twenty-four (24) hours; IRR of RA 9165:
SECTION 20. Confiscation and Forfeiture of the Proceeds or
(4) After the filing of the criminal case, the Court shall, Instruments of the Unlawful Act, Including the Properties or Proceeds
within seventy-two (72) hours, conduct an ocular Derived from the Illegal Trafficking of Dangerous Drugs and/or Precursors and
inspection of the confiscated, seized and/or surrendered Essential Chemicals. Every penalty imposed for the unlawful importation,
dangerous drugs, plant sources of dangerous drugs, and sale, trading, administration, dispensation, delivery, distribution,
controlled precursors and essential chemicals, including transportation or manufacture of any dangerous drug and/or controlled
the instruments/paraphernalia and/or laboratory precursor and essential chemical, the cultivation or culture of plants which
equipment, and through the PDEA shall within twenty-four are sources of dangerous drugs, and the possession of any equipment,
(24) hours thereafter proceed with the destruction or instrument, apparatus and other paraphernalia for dangerous drugs including
burning of the same, in the presence of the accused or the other laboratory equipment, shall carry with it the confiscation and
person/s from whom such items were confiscated and/or forfeiture, in favor of the government, of all the proceeds and properties
seized, or his/her representative or counsel, a derived from the unlawful act, including, but not limited to, money and other
representative from the media and the DOJ, civil society assets obtained thereby, and the instruments or tools with which the
groups and any elected public official. The Board shall draw particular unlawful act was committed, unless they are the property of a third
up the guidelines on the manner of proper disposition and person not liable for the unlawful act, but those which are not of lawful
destruction of such item/s which shall be borne by the commerce shall be ordered destroyed without delay pursuant to the
offender: Provided, That those item/s of lawful commerce, provisions of Section 21 of the Act.
as determined by the Board, shall be donated, used or After conviction in the Regional Trial Court in the appropriate criminal case
recycled for legitimate purposes: Provided, further, That a filed, the court shall immediately schedule a hearing for the confiscation and
representative sample, duly weighed and recorded is forfeiture of all the proceeds of the offense and all the assets and properties
retained; of the accused either owned or held by him or in the name of some other
persons if the same shall be found to be manifestly out of proportion to
(5) The Board shall then issue a sworn certification as to his/her lawful income: Provided, however, that if the forfeited property is a
the fact of destruction or burning of the subject item/s vehicle, the same shall be auctioned off not later than five (5) days upon
which, together with the representative sample/s in the order of confiscation or forfeiture. chanroblespublishingcompany
custody of the PDEA, shall be submitted to the court
During the pendency of the case in the Regional Trial Court, no property, or recycled for legitimate purposes; Provided, further, that a representative
income derived therefrom, which may be confiscated and forfeited, shall be sample, duly weighed and recorded is retained;
disposed, alienated or transferred and the same shall be in custodia legis and (e) The Board shall then issue a sworn certification as to the fact of
no bond shall be admitted for the release of the same. destruction or burning of the subject item/s which, together with the
The proceeds of any sale or disposition of any property confiscated or representative sample/s in the custody of the PDEA, shall be submitted to the
forfeited under this Section shall be used to pay all proper expenses incurred court having jurisdiction over the case. In cases of seizures where no person
in the proceedings for the confiscation, forfeiture, custody and maintenance is apprehended and no criminal case is filed, the PDEA may order the
of the property pending disposition, as well as expenses for publication and immediate destruction or burning of seized dangerous drugs and controlled
court costs. The proceeds in excess of the above expenses shall accrue to the precursors and essential chemicals under guidelines set by the Board. In all
Board to be used in its campaign against illegal drugs. instances, the representative sample/s shall be kept to a minimum quantity
chanroblespublishingcompany as determined by the Board;
(f) The alleged offender or his/her representative or counsel shall be
SECTION 21. Custody and Disposition of Confiscated, Seized and/or allowed to personally observe all of the above proceedings and his/her
Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled presence shall not constitute an admission of guilt. In case the said offender
Precursors and Essential Chemicals, Instruments/Paraphernalia and/or or accused refuses or fails to appoint a representative after due notice in
Laboratory Equipment. The PDEA shall take charge and have custody of all writing to the accused or his/her counsel within seventy-two (72) hours
dangerous drugs, plant sources of dangerous drugs, controlled precurses and before the actual burning or destruction of the evidence in question, the
essential chemicals, as well as instruments/paraphernalia and/or laboratory Secretary of Justice shall appoint a member of the public attorneys office to
equipment so confiscated and/or surrendered, for proper disposition in the represent the former;
following manner: (g) After the promulgation and judgment in the criminal case wherein
(a) The apprehending officer/team having initial custody and control the representative sample/s was presented as evidence in court, the trial
of the drugs shall, immediately after seizure and confiscation, physically prosecutor shall inform the Board of the final termination of the case and, in
inventory and photograph the same in the presence of the accused or the turn, shall request the court for leave to turn over the said representative
person/s from whom such items were confiscated and/or seized, or his/her sample/s to the PDEA for proper disposition and destruction within twenty-
representative or counsel, a representative from the media and the four (24) hours from receipt of the same; and
Department of Justice (DOJ), and any elected public official who shall be (h) Transitory Provision:
required to sign the copies of the inventory and be given a copy thereof: h.1) Within twenty-four (24) hours from the effectivity of the Act,
Provided, that the physical inventory and photograph shall be conducted at dangerous drugs defined herein which are presently in possession of law
the place where the search warrant is served; or at the nearest police station enforcement agencies shall, with leave of court, be burned or destroyed, in
or at the nearest office of the apprehending officer/team, whichever is the presence of representatives of the court, DOJ, Department of Health
practicable, in case of warrantless seizures; Provided, further, that non- (DOH) and the accused and/or his/her counsel; and
compliance with these requirements under justifiable grounds, as long as the h.2) Pending the organization of the PDEA, the custody, disposition,
integrity and the evidentiary value of the seized items are properly preserved and burning or destruction of seized/surrendered dangerous drugs provided
by the apprehending officer/team, shall not render void and invalid such under this Section shall be implemented by the DOH.
seizures of and custody over said items;
(b) Within twenty-four (24) hours upon confiscation/seizure of
dangerous drugs, plant sources of dangerous drugs, controlled precursors
and essential chemicals, as well as instruments/paraphernalia and/or
laboratory equipment, the same shall be submitted to the PDEA Forensic
Laboratory for a qualitative and quantitative examination;
(c) A certification of the forensic laboratory examination results,
which shall be done under oath by the forensic laboratory examiner, shall be
issued within twenty-four (24) hours after the receipt of the subject item/s:
Provided, that when the volume of the dangerous drugs, plant sources of
dangerous drugs, and controlled precursors and essential chemicals does not
allow the completion of testing within the time frame, a partial laboratory
examination report shall be provisionally issued stating therein the quantities
of dangerous drugs still to be examined by the forensic laboratory: Provided,
however, that a final certification shall be issued on the completed forensic
laboratory examination on the same within the next twenty-four (24) hours;
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(d) After the filing of the criminal case, the court shall, within seventy-
two (72) hours, conduct an ocular inspection of the confiscated, seized
and/or surrendered dangerous drugs, plant sources of dangerous drugs, and
controlled precursors and essential chemicals, including the
instruments/paraphernalia and/or laboratory equipment, and through the
PDEA shall, within twenty-four (24) hours thereafter, proceed with the
destruction or burning of the same, in the presence of the accused or the
person/s from whom such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media and the DOJ, civil
society groups and any elected public official. The Board shall draw up the
guidelines on the manner of proper disposition and destruction of such
item/s which shall be borne by the offender: Provided, that those item/s of
lawful commerce, as determined by the Board, shall be donated, used or